BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violates the rules of the Clerks' Agreement at Cleveland, Ohio when on January 4, 1956 the Carrier failed and refused to include on the 1956 Roster No. 9, the names and seniority dates of nine employes in the Valuation Department, and
That the Carrier shall be required to issue a corrected roster showing the names of Employes E. E. Dry, R. W. Eckert, G. E. Harriss, H. M. Hon, R. F. Spencer, E. E. LaTourette, J. J. Lynch, R. K. Rogers and F. C. Sloane on Roster No. 9 with a proper seniority date, and
That the Carrier shall add to the roster the names and seniority dates of other employes acquiring seniority under the rules of the Clerks' Agreement in the Valuation Department subsequent to August 1, 1955, and
That the Carrier shall continue to carry such employes on subsequent rosters until such time as the employes properly lose their seniority. (Claim 1122).
EMPLOYES' STATEMENT OF FACTS: Prior to the Comptroller taking over the jurisdiction of the Valuation Department on September 1, 1953 the work was performed under the jurisdiction of the Engineering Department and the Chief Engineer. The employes here involved were classified as Engineering Accountants and did the accounting work necessary in connection with new construction. These employes were subject to and covered by the Clerks' then in effect and were included in the Office of Chief Engineer (all positions) X-2 shown at page 4 of the Agreement effective December 1, 1943, amended July 1, 1945. They were subject to the exceptions shown on page 3 of the same Agreement and covered by ten rules as shown opposite the X-2 designation on that page. They were not subject to any of the seniority rules and no rosters were maintained or posted to cover these employes.
Sometime after the Agreement became effective, during September, 1953, the Valuation Department, because of its function as an accounting unit, was placed under the jurisdiction of the Comptroller, the head of the Accounting Department, and became an integral part of the Accounting Department be-
no proof at all in this case. As shown herein, the Engineers in the Valuation Department are not "engaged in the work of the craft or class of Clerical, Office, Station and Storehouse Employes."
It is fundamental that the Board cannot make a contract for the parties. Neither can the Board add to nor detract from the contract, nor can it render an Award that would have such effect. The Board's authority is limited to determining the meaning and intent of the contract which the parties have made for themselves. These truths are ably set forth in Award 6757, wherein the Board said:
The Carrier submits that the instant matter must be decided in the light of the particular facts and circumstances surrounding it. There is no comparable situation. However, as a guide, the Board may wish to review Awards 1435, 1519, 4335.
The carrier further submits that the burden of proof rests with Petitioner. As stated in Award 7362 "The burden of establishing facts sufficient to require the allowance of a claim (and proper language in the agreement covering the situations), is upon those who seek the allowance." Compare Awards 6359, 6828 and Awards cited therein. In denying the claim in Award 6359, the Board held:
The record herein plainly shows that the employes mentioned in the claim are not subject to the Clerks' Agreement and as a result they are not entitled to a seniority date on Roster No. 9, as claimed for them by the Organization.
All data presented herein have been discussed with or are known to Petitioner.
OPINION OF BOARD: The Claim must be denied because prematurely instituted. See Docket CL-8540, Award 9121.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934; 9122-_19 773